VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00526 Package ID: USCOURTS-cofc-1_17-vv-00526 Petitioner: Tari Hafner Filed: 2017-04-14 Decided: 2020-05-12 Vaccine: influenza Vaccination date: 2015-09-21 Condition: idiopathic thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: On April 14, 2017, petitioner Tari Hafner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered idiopathic thrombocytopenic purpura (ITP) as a result of receiving an influenza (flu) vaccination on September 21, 2015. Petitioner further alleged that she suffered residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused petitioner's ITP or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on April 17, 2020, agreeing to an award of compensation. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable. The decision adopted the stipulation, awarding Tari Hafner a lump sum of $100,000.00, payable to the petitioner, as compensation for all items of damages. The decision was issued on May 12, 2020. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the ITP. Petitioner was represented by Sidney P. Cominsky, and respondent was represented by Kyle Edward Pozza. Theory of causation field: Petitioner Tari Hafner received an influenza vaccine on September 21, 2015, and subsequently alleged developing idiopathic thrombocytopenic purpura (ITP) with residual effects lasting more than six months. Respondent denied the vaccine caused the ITP. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner adopted. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The outcome was a compensated award of $100,000.00. The decision date was May 12, 2020. Petitioner's counsel was Sidney P. Cominsky, and respondent's counsel was Kyle Edward Pozza. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00526-0 Date issued/filed: 2020-05-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/17/2020) regarding 65 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-526V Filed: April 17, 2020 UNPUBLISHED TARI HAFNER, Petitioner, Joint Stipulation on Damages; v. Influenza (Flu) Vaccine; Idiopathic Thrombocytopenic Purpura (ITP) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sidney P. Cominsky, Sidney P. Cominsky, LLC, Syracuse, NY, for petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 14, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered idiopathic thrombocytopenic purpura (ITP) as a result of her receipt of an influenza (flu) vaccination on September 21, 2015. Petition at 1; Stipulation, filed April 17, 2020, at ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of this alleged injury for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer ITP, or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on April 17, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $100,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 3 of 7 Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 4 of 7 Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 5 of 7 Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 6 of 7 Case 1:17-vv-00526-UNJ Document 66 Filed 05/12/20 Page 7 of 7